HB1449 - Relating to permits for mobile food service establishments operating in certain counties.

      By: Capriglione (Senate Sponsor - Parker) H.B. No. 1449          (In the Senate - Received from the House May 19, 2025;   May 19, 2025, read first time and referred to Committee on Local   Government; May 25, 2025, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 5, Nays 0;   May 25, 2025, sent to printer.) Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 1449 By:  Cook     A BILL TO BE ENTITLED   AN ACT     relating to permits for mobile food service establishments   operating in certain counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Chapter 437A, Health and Safety   Code, is amended to read as follows:   CHAPTER 437A.  MOBILE FOOD SERVICE ESTABLISHMENTS OPERATING IN   [ CERTAIN ] COUNTIES WITH POPULATION OF MORE THAN ONE MILLION [ IN   MORE THAN ONE MUNICIPALITY ]          SECTION 2.  Section 437A.002, Health and Safety Code, is   amended to read as follows:          Sec. 437A.002.  APPLICABILITY.  This chapter applies only   to a county[ :                [ (1) ]  with a population of more than one [ 2.1 ] million   [ ; and                [ (2)  in which is located partly or wholly:                      [ (A)     an airport operating under Subchapter D,   Chapter 22, Transportation Code; and                      [ (B)     an airport owned by the principal   municipality in the county that does not offer commercial air   service ].          SECTION 3.  The heading to Section 437A.006, Health and   Safety Code, is amended to read as follows:          Sec. 437A.006.  INSPECTION [ BY COUNTY ].          SECTION 4.  Section 437A.006, Health and Safety Code, is   amended by adding Subsection (d) to read as follows:           (d)     A county to which this chapter applies may, by written   agreement with a municipality, collaborate with a municipality   located wholly or partly in the county the inspection of a mobile   food service establishment operating in the municipality.          SECTION 5.  Chapter 437A, Health and Safety Code, is amended   by adding Sections 437A.0075, 437A.0076, and 437A.0077 to read as   follows:           Sec.   437A.0075.     PROHIBITED MUNICIPAL PERMIT REQUIREMENTS.   A municipality located wholly or partly in a county to which this   chapter applies may not require a permit or similar authorization,   other than the permit required under Section 437A.003, for a mobile   food service establishment to operate in the municipality.           Sec.   437A.0076.     FEE CALCULATION. A county imposing a fee   for a permit issued or renewed under this chapter shall set an   annual fee in an amount equal to the amount the department charges   biennially for a similar permit under Chapter 437.           Sec.   437A.0077.     RECIPROCAL PERMIT. A county may waive any   permit requirement for an applicant who holds a permit issued by   another county under this chapter.          SECTION 6.  Section 437.0073, Health and Safety Code, is   repealed.          SECTION 7.  The changes in law made by this Act apply to an   ordinance, rule, regulation, policy, or procedure adopted before,   on, or after the effective date of this Act.          SECTION 8.  This Act takes effect September 1, 2025.     * * * * *